S.C. Code Ann. § 16-3-1720. Penalties for
conviction of harassment in the first degree.
(2006)
(A)
Except as provided in
subsections (B) and (C), a person who engages in harassment in the first
degree is guilty of a misdemeanor and, upon conviction, must be fined not more
than one thousand dollars, imprisoned not more than three years, or
both.
(B)
A
person who engages in harassment in the first degree when an injunction or
restraining order is in effect prohibiting this conduct is guilty of a
misdemeanor and, upon conviction, must be fined not more than two thousand
dollars, imprisoned not more than three years, or both.
(C)
A
person who engages in harassment in the first degree and who has a prior
conviction of harassment or stalking
within the preceding ten years is guilty of a felony and, upon conviction,
must be fined not more than five thousand dollars, imprisoned not more than
five years, or both.
(D)
In
addition to the penalties provided in this section, a person convicted of
harassment in the first degree who received licensing or registration
information pursuant to Article 4 of Chapter 3 of Title 56 and used the
information in furtherance of the commission of the offense under this section
must be fined one thousand dollars or imprisoned one year, or
both.
S.C. Code Ann. § 16-3-1710. Penalties for
conviction of harassment in the second degree.
(2006)
(A)
Except as provided in subsection
(B), a person who engages in harassment in the second degree is guilty of a
misdemeanor and, upon conviction, must be fined not more than two hundred
dollars, imprisoned not more than thirty days, or both.
(B)
A
person convicted of harassment in the second degree is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand dollars,
imprisoned not more than one year, or both if:
(1)
the
person has a prior conviction of harassment or stalking
within the preceding ten years; or
(2)
at
the time of the harassment an injunction or restraining order was in effect
prohibiting the harassment
In
addition to the penalties provided in this section, a person convicted of
harassment in the second degree who received licensing or registration
information pursuant to Article 4 of Chapter 3 of Title 56 and used the
information in furtherance of the commission of the offense under this section
must be fined two hundred dollars or imprisoned thirty days, or both.
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Related
Offenses
S.C. Code Ann. § 16-17-470.
Eavesdropping, peeping, voyeurism. (2001)
(A)
It is
unlawful for a person to be an eavesdropper or a peeping tom on or about the
premises of another or to go upon the premises of another for the purpose of
becoming an eavesdropper or a peeping tom. The term "peeping tom", as used in
this section, is defined as a person who peeps through windows, doors, or
other like places, on or about the premises of another, for the purpose of
spying upon or invading the privacy of the persons spied upon and any other
conduct of a similar nature, that tends to invade the privacy of others. The
term "peeping tom" also includes any person who employs the use of video or
audio equipment for the purposes set forth in this section. A person who
violates the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or imprisoned not
more than three years, or both.
(B)
A
person commits the crime of voyeurism if, for the purpose of arousing or
gratifying sexual desire of any person, he or she knowingly views,
photographs, audio records, video records, produces, or creates a digital
electronic file, or films another person, without that person's knowledge and
consent, while the person is in a place where he or she would have a
reasonable expectation of privacy. A person who violates the provisions of
this subsection:
(1)
for a
first offense, is guilty of a misdemeanor and, upon conviction, must be fined
not more than five hundred dollars or imprisoned not more than three years, or
both; or
(2)
for a
second or subsequent offense, is guilty of a felony and, upon conviction, must
be fined not less than five hundred dollars or more than five thousand dollars
or imprisoned not more than five years, or both.
(C)
A
person commits the crime of aggravated voyeurism if he or she knowingly sells
or distributes any photograph, audio recording, video recording, digital
electronic file, or film of another person taken or made in violation of this
section. A person who violates the provisions of this subsection is guilty of
a felony and, upon conviction, must be fined not less than five hundred
dollars or more than five thousand dollars or imprisoned not more than ten
years, or both.
(D)
As
used in this section:
(1)
"Place where a person would have
a reasonable expectation of privacy" means:
(a)
a
place where a reasonable person would believe that he or she could disrobe in
privacy, without being concerned that his or her undressing was being
photographed, filmed, or videotaped by another;
or
(b)
a
place where one would reasonably expect to be safe from hostile intrusion or
surveillance.
(2)
"Surveillance" means secret
observation of the activities of another person for the purpose of spying upon
and invading the privacy of the person.
(3)
"View" means the intentional
looking upon of another person for more than a brief period of time, in other
than a casual or cursory manner, with the unaided eye or with a device
designed or intended to improve visual acuity.
(E)
The
provisions of subsection (A) do not apply to:
(1)
viewing, photographing,
videotaping, or filming by personnel of the Department of Corrections or of a
county, municipal, or local jail or detention center or correctional facility
for security purposes or during investigation of alleged misconduct by a
person in the custody of the Department of Corrections or a county, municipal,
or local jail or detention center or correctional
facility;
(2)
security surveillance for the
purposes of decreasing or prosecuting theft, shoplifting, or other security
surveillance measures in bona fide business
establishments;
(3)
any
official law enforcement activities conducted pursuant to Section
16-17-480;
(4)
private detectives and
investigators conducting surveillance in the ordinary course of business;
or
(5)
any bona fide news gathering
activities.
(F)
In
addition to any other punishment prescribed by this section or other provision
of law, a person procuring photographs, audio recordings, video recordings,
digital electronic files, or films in violation of this section shall
immediately forfeit all items. These items must be destroyed when no longer
required for evidentiary purposes.
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